Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Conviction - Both Courts below have found that complainant has proved due execution and issuance of cheque - There was no attempt from the side of accused to rebut the presumption available u/ss 139 and 118 of NI Act to complainant - On receiving statutory notice accused remained silent - Held,..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 118 and 139 - Accused persons admitted issued cheques in question - Held, presumption u/s.118 and 139 of NI Act is available to complainant - No evidence was adduced by accused persons to rebut presumption or to show that they have repaid amount - Held, Magistrate justified in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Conviction - Reduction of sentence - Trial Court imposed sentence of imprisonment for five months and also directed to pay compensation of Rs.50,000/- to complainant - Transaction is of the year 1999 - Held, lenient view is required to be taken - Imprisonment till rising of Court and..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt or liability - Accused had been able to prove that he had made payment of Rs.3,40,000/- to complainant, but not a single share was transferred in his favour as per agreement proved by complainant himself - Held, appellate Court below has rightly come to the conclusion..........
Negotiable Instruments Act, 1881, Section 138, 118, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque issued by accused regarding work of supply of electricity, water and road construction - Cheque dishonoured for insufficient funds - Cheque was not undated and same was drawn for consideration - Held, there is presumption..........
Negotiable Instruments Act, 1881, Section 118,87, Evidence Act, 1872, Section 114 -- Pronote - Expert opinion that name of plaintiff on the promissory note and receipt were written later than the other writing on the pronote and in different ink - Expert to counter his opinion not examined - Held, plea set up by defendant that he never executed promissory note in favour..........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 114 -- Promissory note - Consideration - One of the two marginal witnesses did not sign which proves that either consideration was not paid in his presence and he refused to sign or he was not present at the time of execution of pronote - Other marginal witness admitted in cross examination that..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant established his case that he lent Rs.1,10,000/- to petitioner on his request who agreed to repay - Plea of accused that he issued blank signed cheques to another person but complainant somehow managed to collect one of such cheques and made a false claim -..........
Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - If passing of consideration amount is not duly proved, even if execution of pronote and receipt is proved, then it remains just a paper transaction which cannot be enforced against the executant...........
Negotiable Instruments Act, 1881, Section 118, 4 -- Pronote - Past consideration - Once plaintiff received the amount of earlier promotes and receipts, then question of past consideration, in lieu of present pronote and receipt does not arise at all...........
